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HomeMy WebLinkAboutMinutes 1985-05-30COUNTY SANITATION DISTRICT NO.13 OF ORANGE COUNTY,CALIFORNIA MINUTES OF ADJOURNED REGULAR MEETING May 30,1985 —7:30 P.M. Yorba Linda City Hall —Council Chambers 4999 Casa Loma Avenue Yorba Linda,California pursuant to the adjournment of the regular meeting of May 8,1985,the Board of Directors of County Sanitation District No.13 of Orange County,California met in an adjourned regular meeting at the above hour and date in the Yorba Linda City Hall Council Chambers. The Chairman called the meeting to order at 7:30 p.m.The roll was called and the Secretary reported a quorum present. DIRECTORS PRESENT: DIRECTORS ABSENT: STAFF MEMBERS PRESENT: Don E.Smith,Michael Beverage,Sam Cooper Don Roth,Roger Stanton J.Wayne Sylvester,General Manager,Rita Brown,Secretary,Thomas M.Dawes,William H.Butler OTHERS:Suzanne Atkins,General Counsel,Gene Wisner,Roy Stephenson Pubic Hearing on Sewer Service Charge Report for 1985—86 and proposal to collect annual charges on the 1985—86 property tax bills the annual charges on the 1985—86 No.1301,passed and adopted at a 1985. The Chairman announced that this was the time and place fixed by the Board for a public hearing on the Sewer Service Charge Report for 1985—86 and the proposal to collect property tax bills pursuant to Ordinance regular Board meeting held January 9, Open Public Hearing The Chairman declared the hearing open at 7:30 p.m. Staff Report on proposed use of The General Manager reported that County property tax rolls for the purpose of the hearing was to billing and collection of the consider the Sewer Service Charge annual sewer service charge Report for 1985—86 and to consider use of the County of Orange property tax roll for collection of user fees.Currently the District No.13 user fee is collected by periodic direct billings by the District.For the following reasons it was proposed to collect the user fee on the tax bill instead of by direct District billing: —Most cost—effective approach available to the District/property owners; —1— 5/30/85 —A convenience to property owners to pay with the annual tax bill rather than monthly/bimonthly via separate billing —Same approach now being successfully used in County Sanitation District No.5 and County Sanitation District No.6 The General Manager then reviewed the background/histbry of the establishment of District No.13.He reported that the District was formed pursuant to an agreement negotiated in 1982 between the County Sanitation Districts and the County of Orange as an oätgrowth of tax limitation legislation.It provided for District No.13 sew~age services to property owners to be totally financed by fees as the District would not receive any share of the ad valorem tax levy. In December 1982 an engineering study was authorized to establish boundaries and determine connection/user fees and facility requirements for serving proposed District No.13. Beginning in December 1983 all homebuyers in the area proposed to be served by District No.13 were required to sign a Notice to Owners/Occupants form during escrow informing them of the proposed fees for financing District No.13. On July 11,1984,the Boards of Districts Nos.2 and 7 on behalf of District No.13,approved the Engineer’s Report re District 13 formation.The District’s Engineer reviewed the various zones established and the fees in effect for each zone,as follows: Zone A —Variable (Fees to be the same as when annexed from either County Sanitation District Nos.2 or 7) Zone B —$1,250/dwelling unit —Residential $250/1,000 square feet —Commercial Zone C —$1,500/dwelling unit —Residential $300/1,000 square feet —Commmercial On August 8,1985,a public hearing was conducted on the Draft Environmental Impact Report re Formation of Proposed District No.13. At that time Districts Nos.2 and 7,on behalf of proposed District No.13,passed an ordinance setting connection and user fees for proposed District No.13.The initial user fee was established at $140 per year for properties then being served that were outside the existing Districts’boundaries. On October 1,1984,a notice was sent to homeowners connected to the system explaining the proposal. On October 10,1984,the Boards of Districts Nos.2 and 7 certified the Final EIR re Formation of Proposed District No.13.Following issuance of a Notice of Public Hearing to all property owners within the proposed District on November 7,1984,the Local Agency Formation Commission (LAFC)held a public hearing and approved District No.13’s formation.On December 12,1984,the County Board of Supervisors approved the formation and District No.13 came into existence as of January 1,1985. —2— The Board of Directors of District No.13,at its first meeting on January 9, 1985,approved a budget for the remaining six months of fiscal year 1984—85 and adopted Ordinance No.1301 setting a reduced user fee of $70 per year. Ordinance No.1301 also established the connection fee schedule which is a one—time fee paid by developers at the time of building permit issuance to pay for capital facilities. The General Manager reported further that on March 7,1985,the District sent out a second notice explaining the proposal to collect user fees via the County’s property tax roll beginning in 1985—86. Between May 9—16,1985,notices of the public hearing were mailed to 1,500 property owners within District No.13 outlining the proposal.A legal notice of the public hearing was also published in The Register on May 13 arid 20,1985. Mr.Sylvester reported that the District received five telephone calls in response to the notices.Three of the properties in question were determined to be outside the District.One inquired regarding the methods used for notification of Board hearings when approving future ordinances setting fees and one call asked about the reason for the fee. Close Public Hearing closed at 7:45 p.m. There being no public oral comments, the Chairman declared the hearing Adopt a finding that the majority of property owners have not protested the proposed sewer service fee Moved,seconded and duly carried: ____________________________________ That the Board of Directors hereby finds ______________________________________ that a majority of the owners of the property,which is the subject of the Sewer Service Charge Report for Fiscal Year 1985—86,have not protested. Receive,file and adopt Sewer Service Charge Report for Fiscal Year 1985—86 That the County Sanitation District No.13 Sewer Service Charge Report for Fiscal Year 1985—86 be,and is hereby,received,ordered filed and adopted. Directing County Auditor— Controller to include sewer service charges on 1985—86 property tax That the Board of Directors hereby bills,Rursuant to Ordinance adopts Resolution No.85—81—13, No.1301 directing the County Auditor—Controller to include sewer service charges on 1985—86 property tax bills for collection,pursuant to Ordinance No.1301 of County Sanitation District No.13 of Orange County.A certified copy.of this resolution is attached hereto and made a part of these minutes. Adjour nment Moved,seconded and duly carried: That this meeting of the Board of Directors of County Sanitation District No.13 be adjourned.The Chairman then declared the meeting so adjourned at 7:46 p.m., May 30,1985. Secretary,Board of Directors County Sanitation District No.13 of Orange County,California Moved,seconded and duly carried: Moved,seconded and duly carried: —3—